This application under Article 227 of the Constitution of India has been directed against the Order No.40 dated February 20, 2018 passed by the learned Civil Judge (Senior Division), at Sealdah in Title Suit No.95 of 2012.

By the order impugned, learned court below rejected the petitioners’ application under Section 151 of the Code of Civil Procedure wherein the petitioners have prayed for stay of the partition suit being Title Suit No.95 of 2012 till the disposal of the probate suit being OS 25 of 2013.

The petitioners contended that the predecessor of the opposite party No. 1 & 2 herein namely Srijan Ghosh filed aforesaid suit for declaration and partition being Title Suit No.95 of 2012. The petitioners herein filed their separate written statement denying the allegations levelled in the plaint. The predecessor of the opposite parties Amarendra Nath Ghosh being the father of the petitioners herein and also aforesaid late Srijan Ghosh, was the original owner of 2 the suit premises which he inherited from his mother Labanya Lata Ghosh. Said Amarendranath Ghosh died intestate on June 21, 2003 leaving behind his wife Swarnalata Ghosh, Srijan Ghosh and present petitioners as his leg

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